JUSTICES ACT 1902 - SECT 143 In what cases there shall be a nonsuit or verdict for the defendant

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 143

143 In what cases there shall be a nonsuit or verdict for the defendant

(1) If at the trial of any such action the plaintiff does not prove:

(a) that notice of action was given as hereinbefore provided, or

(b) that the action was brought within the time hereinbefore limited in that behalf, or

(c) the cause of action stated in his or her notice of action, or

(d) that the cause of action arose within the jurisdiction of the Court,

the plaintiff shall be nonsuit, or the jury shall return a verdict for the defendant.

(2) If at the trial of any such action the jury find that the plaintiff is not entitled to damages beyond the amount (if any) tendered or paid into Court:

(a) they shall return a verdict for the defendant, and

(b) the plaintiff shall not be at liberty to elect to be nonsuit, and

(c) so much of the amount (if any) paid into Court as is sufficient to pay the defendant's costs, shall be paid out of Court to the defendant, and the residue (if any) to the plaintiff.